San Rafael Municipal Code Ch. 11.60 Maintenance and Repair of Sidewalks

For the purposes of this chapter, the following words and phrases shall have the meaning set forth below. Unless in direct conflict with terms defined herein, other words and phrases shall be interpreted as defined in the Streets and Highways Code:

A. "Director" shall mean the director of the department of public works or his or her designee.

B. "Sidewalk" shall mean the area between a private property line and the street line, including planting strips, sidewalks, and curbs and gutters.

C. "Property owner" shall mean and include, without limitation, the fee owner(s) of real property, their agents, or the person(s) in possession of the real property.

(Ord. No. 1948, div 1, 10-16-2017)

A. The property owner of lots or portions of lots adjacent to or fronting on any portion of a sidewalk shall repair and maintain the sidewalk in a safe and non-dangerous condition at the owner's cost and expense. The property owner shall have the primary and exclusive duty to fund and perform such repair and maintenance, whether or not the city has notified the property owner of the need for such repairs or maintenance or has performed similar repairs or maintenance in the past.

B. For the purposes of this chapter, maintenance and repair of the sidewalk shall include, but not be limited to, maintenance and repair of surfaces including grinding, removal and maintenance of curb and gutters, removal and filling or replacement of planting strips, removal of weeds and/or debris, tree root pruning and installing root barriers, trimming of shrubs and/or ground cover and trimming shrubs within the area between the property line of the adjacent property and the street pavement line, including planting strips and curbs.

(Ord. No. 1948, div 1, 10-16-2017)

The property owner required by Section 11.60.020 to maintain and repair the sidewalk area shall owe a duty to members of the public to keep and maintain the sidewalk in a safe and non-dangerous condition. If, as a result of the failure of any property owner to maintain the sidewalk in a non-dangerous condition as required by Section 11.60.020, any person suffers injury or damage to person or property, the property owner shall be liable to such person for the resulting damages or injury.

(Ord. No. 1948, div 1, 10-16-2017)

A. When any portion of a sidewalk is not in good repair and condition and the director has knowledge thereof, he or she will notify the adjacent and/or fronting property owner to repair it. Notice shall be written and given by mailing, either by letter or postal card, to the property owner's last known address as it appears on the last equalized assessment rolls of the City of San Rafael.

B. The notice shall direct the property owner to repair the sidewalk within ninety (90) days of the date of the notice.

C. This section does not create a mandatory duty.

(Ord. No. 1948, div 1, 10-16-2017)

If any property owner refuses or neglects to make repairs to the sidewalk as required by the notice, the director may repair the sidewalk.

(Ord. No. 1948, div 1, 10-16-2017)

Upon completion of the repair, the director will ascertain the repair cost and apportion it if the sidewalk repair is adjacent to or fronts more than one (1) lot of land. The director will notify the adjacent and/or fronting property owner(s) by mail of the repair and demand payment to the city within sixty (60) days of completion of the repairs. The property owner shall be obligated to the city in the amount of the cost of repair.

(Ord. No. 1948, div 1, 10-16-2017)

The notice of cost shall allow the property owner to appeal the determination as to the responsible property owner(s) of the amount owed. The request to appeal the claim must be in writing and filed within ten (10) calendar days of the date of the director's notice to the property owner of the cost of repair. The appeal shall designate with particularity the decision, action or determination appealed from and the remedy or relief sought by way of the appeal. The appeal shall be filed with the city clerk, who shall set the hearing for the next regularly scheduled meeting of the city council. At the hearing, the city council shall receive all evidence offered by the property owner and city staff. At the conclusion of the hearing, the city council shall make its findings. If the city council finds that the initial decision, action or determination that is appealed from is consistent with the provisions and policies of this chapter and is not otherwise injurious to the public health, safety or welfare, then the appeal shall be denied. If it finds that the initial decision, action or determination is either inconsistent with the provisions and policies of this chapter or is otherwise injurious to the public health, safety or welfare, then the city council may sustain the appeal and in its decision grant any remedy or relief sought by the property owner, or such other relief as it deems appropriate, that is consistent with the provisions and policies of this chapter. The decision of the city council shall be final.

(Ord. No. 1948, div 1, 10-16-2017)

A. If not paid within the time specified in the director's notice, or if that notice is appealed, within fourteen (14) days after adoption of a resolution of the city council on the appeal confirming/setting the repair costs, the costs of repair shall constitute a special assessment against the property owner's property, and shall be a lien on the property for the amount thereof, which lien shall continue until the assessment and all interest thereon are paid, or until it is discharged of record.

B. At the option of the city, the special assessment may be delivered to the Marin County Assessor's office (together with the director's notice and/or the city council's resolution approving it), who shall enter the amount thereof on the county assessment book opposite the description of the particular property and the amount shall be collected together with all other taxes thereon against the property. The special assessment shall be delivered to the county assessor's office prior to the date fixed by law for the delivery of the assessment book to be collected at the same time and in the same manner as ordinary city taxes are collected, and such special assessments shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency, as provided for ordinary municipal taxes.

(Ord. No. 1948, div 1, 10-16-2017)